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HomeMy Public PortalAboutr 14-209Pool ttart of �y jBorog4 of (end e#, �- T� .es Date of Adoptions 1Ei, 2014 RESOLUTION OF THE BOROUGH OF CARTERET AUTHORIZING THE CARTERET PLANNING BOARD TO CONDUCT A PRELIMINARY INVESTIGATION AND MAKE A RECOMMENDATION AS TO WHETHER THE PROPERTIES IDENTIFIED AS BLOCK 304, LOTS 7 AND 8; BLOCK 404, LOT 4; BLOCK 500, LOTS 1 AND 2; BLOCK 501, LOTS 1, 1.01, 2,3 AND 4; BLOCK 502, LOT 1; AND BLOCK 503, LOTS 1 AND 2 ON THE TAX MAP OF THE BOROUGH CONSTITUTE AN AREA IN NEED OF REDEVELOPMENT, AND MORE SPECIFICALLY, A CONDEMNATION REDEVELOPMENT AREA, PURUSUNT TO THE LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A, 40A:12A -1 ET SEQ. WHEREAS; the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A -1 et seq., as amended and supplemented (the "Redevelopment Law ") provides a process for municipalities to participate in the redevelopment and improvement of areas in need of redevelopment; and WHEREAS, pursuant to the Redevelopment Law, particularly N.J.S.A. 40A:12A -6, no area of a municipality shall be determined a redevelopment area unless the governing body of the. municipality shall, by resolution, authorize the planning board to undertake a preliminary investigation to determine whether the proposed area is a redevelopment area in accordance with N.J.S.A. 40A:12A -5; and WHEREAS, the Borough of the Carteret (the `Borough ") wishes to assign the conduct of the preliminary investigation and hearing(s) to the Carteret Planning Board (the "Planning Board ") pursuant to the provisions of the Redevelopment Law; and WHEREAS, in the event that the Planning Board shall determine that the properties qualify as an area in need of redevelopment, the properties shall be deemed a Condemnation Redevelopment Area in accordance with the Redevelopment Law, and such determination shall authorize the Borough, or such other redevelopment entity, to utilize all the powers as set forth in the Redevelopment Law for use in the Condemnation Redevelopment Area, including without limitation, the power of eminent domain. NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The Planning Board is hereby authorized and directed to initiate and undertake a preliminary investigation and hearing(s) to determine whether the properties identified as Block 304, Lots 7 and 8; Block 404, Lot 4; Block 500, Lots 1 and 2; Block 501, Lots 1, 1.01, 2, 3 and 4; Block 502, Lot 1; and Block 503, Lots 1 and 2 on the tax map of the Borough constitute a redevelopment area, and more specifically, a Condemnation Redevelopment Area, in accordance with the Redevelopment Law. Section 2. The Planning Board is hereby authorized to utilize the services of Beacon Planning and Consulting Services, LLC, as previously authorized, to assist the Planning Board with the preliminary investigation and hearing(s). Section 3. The Planning Board, upon completion of the preliminary investigation and hearing(s), shall make a recommendation to the Mayor and Council in accordance with the Redevelopment Law, particularly N.J.S.A. 40A: 12A-6(b), as to whether the properties referenced herein satisfy the criteria as an area in need of redevelopment, and more. specifically, a Condemnation Redevelopment Area, in accordance with the Redevelopment Law. NO. 14 -209 PAGE_ Section 4. To the extent the Planning Board shall determine that the properties qualify as an area in need of redevelopment, the properties shall be deemed a Condemnation Redevelopment Area in accordance with the Redevelopment Law, and such determination shall authorize the Borough, or such other redevelopment entity, to utilize all the powers as set forth in the Redevelopment Law for use in the redevelopment area, including without limitation, the power of eminent domain. Section 5. The Borough Clerk is hereby authorized and directed to forward this Resolution to the Planning Board for action consistent herewith. Section 6. This resolution shall take effect at the time and in the manner prescribed by law. Section 7. Upon the adoption hereof, the Borough Clerk shall forward certified copies of this resolution to Matthew C. Karrenberg, Esq., DeCotiis, Fitzpatrick, & Cole, LLP, Special Redevelopment Counsel to the Borough. Adopted this 16" day of October, 2014 and certified as a true copy of the original on KATHLEEN M. BARNEY, MMC Municipal Clerk RECORD OR COUNCIL VOTE COUNCILMAN 1'ES NO NV rC.6. COUNCILMAN YES NO NV A.B. X X X - Indicate Vote As - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council C—ctoL—er 16 2014